JUDGMENT - (1) This is an appeal by the British India General Insurance Co. Ltd. against the order passed by the Commissioner for Workmens Compensation awarding a sum of Rs. 5,880, Rs. 150 for costs + Rs. 1,000 for penalty against Opposite Party No. 2 (who would hereafter be called Krishna Nair) The material facts leading to the application for compensation may be stated as follows:-

(2) One Sabanna was employed by Krishna Vulcanising Works, of which Krishna Nair is the propritor, for doing the work of loading stones at the quarry. On 23-1-1964 while Sabanna was loading stones inthe truck belonging to Krishna Nair, a stone flew off from the quarry where the process of blasting was going on, and hit his leg Sabanna was hit by stone on his leg resulting in a severe injury . Sabanna wasadmitted in the Lokmanya Tilak Hostpital at Sion. His leg eventually came to be amputated. Sabanna, therefore, made an application before the Commissioner for Workmens Compensation for awaring him a sum of Rs. 6,860. Originally the application was filed against one Bhaskaram Nair who was described as the proprietor of Krishna Vulcanising Works. Bhaskaram Nair, by hiw written-statement, denied having empl

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